Detailed Answer — How a Louisiana co‑owner can get money instead of physical property
Short answer: In Louisiana, a co‑owner who does not want physical possession of co‑owned property can seek a buyout from the other co‑owners or ask a court to order partition by sale (licitation) or partition by allotment with a payment to equalize shares. The common paths are voluntary agreement (a negotiated buyout), partition by allotment (the court awards the property to one co‑owner and orders payment to the others to equalize value), or partition by licitation (a public sale with proceeds divided among co‑owners).
Key legal framework (where to look)
Louisiana law treats co‑ownership and partition differently than in many other states. The basic rights and remedies for co‑owners appear in the Louisiana Civil Code and the Code of Civil Procedure. For statutes and official text, see the Louisiana Legislature website: https://www.legis.la.gov/ (search “partition”, “co‑ownership”, or “licitation”).
How it typically works — step by step
- Try to negotiate a buyout first. If one co‑owner wants cash instead of property, the straightforward solution is for the remaining co‑owner(s) to buy out that person’s share. This usually requires agreeing on a valuation method (appraisal, recent sale comps) and whether payment is lump sum or financed.
- If no agreement, file for partition in court. A co‑owner may file a petition for partition in the district court where the immovable (real) property lies. The petition names all co‑owners and describes the interest each holds.
- Court determines whether partition in kind is possible. Louisiana law prefers partition in kind (physically dividing property) when it can be done without prejudice. If physical division is impractical or would cause prejudice to owners’ rights, the court can order partition by sale (licitation) or allot the property to one owner and require that owner to pay money to the others to equalize value.
- Valuation and appointment of commissioners or appraisers. The court often appoints commissioners or appraisers to value the property. Parties may present appraisals. The court uses those valuations to decide whether to allot or to sell.
- Partition by allotment (award + payment). If the court awards the whole property to one co‑owner (allotment), it will determine the value of each owner’s share and order the allottee to pay the other owners the proper money equivalent. This produces the monetary compensation you want without a public sale.
- Partition by licitation (public sale). If the court orders a sale, the property is sold at public auction (licitation) and the net proceeds are divided among co‑owners according to their ownership shares after paying costs, mortgages, and taxes.
- Handling liens, mortgages and homestead/usufruct rights. Outstanding mortgages, tax liens, and any usufruct or homestead claims reduce the net proceeds available for distribution. The court will usually handle lien priorities as part of the partition process.
- Final distribution and judgment. After sale or payment, the court signs a judgment directing how funds are distributed and closing the partition action.
Typical timeline and costs
Negotiated buyouts can be completed in weeks if parties cooperate. A contested partition lawsuit usually takes months and can take a year or more if appeals occur. Expect costs for attorney fees, court costs, appraisers, and auction/commission costs if sold. Those costs come out of the sale proceeds or the allotment calculation.
Practical example (hypothetical)
Two siblings each own 50% of a family home in Louisiana. One sibling wants cash. They try to agree on price but cannot. The sibling seeking cash files for partition. An appraiser values the home at $200,000. The court decides allotment is practicable and awards the house to the sibling who wants to keep it, and orders that sibling to pay the other $100,000 (less adjustments for liens and costs). If the allottee cannot or will not pay, the court may instead order the house sold at licitation and divide net proceeds 50/50.
Where to find the law
Search the Louisiana Legislature site for Civil Code and Code of Civil Procedure provisions on co‑ownership and partition (use terms like “partition,” “licitation,” “co‑ownership”). The official site is: https://www.legis.la.gov/. Relevant topics often appear under the Civil Code sections dealing with property and the Code of Civil Procedure sections governing partition actions.
When to consult an attorney
If the other co‑owners resist a buyout, if the property has complicated liens or mortgages, if there are heirs or succession issues, or if the valuation or distribution is disputed, you should consult a Louisiana attorney experienced in partition actions. An attorney can: draft or review buyout agreements, file a partition petition, argue for allotment versus sale, and protect your financial interests during distribution.
Disclaimer: This article is educational only and does not provide legal advice. It does not create an attorney‑client relationship. For advice about your specific situation, consult a licensed Louisiana attorney.
Helpful Hints
- Collect deeds, title documents, mortgage statements, and any written agreements about the property before contacting counsel.
- Try mediation or a negotiated buyout first — it is faster and cheaper than litigation.
- Obtain at least one independent appraisal to set realistic buyout numbers.
- Remember liens and mortgages reduce what you will actually receive; confirm payoff amounts.
- Ask whether the property can be divided without prejudice; courts prefer allotment or in‑kind division when fair and practical.
- Be prepared for court costs and possible sale commissions if the court orders licitation (public sale).
- Keep records of all offers and communications; these help in court and settlement talks.
- If you are awarded cash by the court, the judgment should specify timing, sources of funds, and enforcement options if payment is not made.